Character and Fitness Questions
Posted: Wed Nov 10, 2010 1:56 pm
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https://www.top-law-schools.com/forums/viewtopic.php?f=2&t=137353
Based on the language you provide, this sounds like the correct response. You're asking for advice regarding something fairly serious on a board filled with trolls and half-wits though. If you're concerned you have a problem, you may want to consult with a C&F attorney. Or show the direct question to that Director of Judicial Affairs and ask her how to answer it.careerchange2010 wrote:I would really appreciate any assistance at all with this question:
"Have you ever been subject to or are actions pending against you involving disciplinary action, e.g. probation, suspension, dismissal, for academic or other reasons at any of the colleges, universities, graduate or professional schools (including law schools) that you have attended?"
My understanding is that, in regards to my situation and the above mentioned question, I should answer "no."
Do you also understand "disciplinary action" to mean that sanctions (e.g. Probation, Community Service, Suspension, Expulsion, etc.) were actually imposed?
The Director of Judicial Affairs at the institution I graduated from has told me that I was never subject to disciplinary action and should answer "no" because I was found "not responsible" (Not Guilty) as a result of my university hearing. However, she said that if I'm asked if I was accused of misconduct, charged with a violation of the Student Conduct Code, or subject to a university hearing, I should answer "yes."
As you can understand, I want to disclose if I am required to do so, but I don't want to disclose if I am not required to do so.
I think the best thing you can do is consult a C&F attorney just to be sure. Just curious, what career path did you have that was trashed by this?careerchange2010 wrote:Thank you for the advice. Considering that my original career path was trashed by the allegation, I'm paranoid about answering the questions wrong accidentally and then getting accused of lying during the C&F examination. I may need to consult a C&F attorney to be safe.
Does that sound borderline illegal to anyone else?careerchange2010 wrote:There was an investigation and they had my accuser call me and confront me with things she claimed happened to see how I would respond. The calls were recorded and I had no idea that I wasn't just talking to her.
Depends on the state as to whether it's a crime itself. If it was part of a police investigation and there was a valid warrant, then probably OK.James Bond wrote:Does that sound borderline illegal to anyone else?careerchange2010 wrote:There was an investigation and they had my accuser call me and confront me with things she claimed happened to see how I would respond. The calls were recorded and I had no idea that I wasn't just talking to her.
This is exactly what I thought when I read that.James Bond wrote:Does that sound borderline illegal to anyone else?careerchange2010 wrote:There was an investigation and they had my accuser call me and confront me with things she claimed happened to see how I would respond. The calls were recorded and I had no idea that I wasn't just talking to her.
And maybe it's the pre-law website rubbing off...but also...lawsuit anyone?
wait...she's still your wife? If so you have one forgiving womancareerchange2010 wrote:I absolutely agree with that! It just frustrates me to no end that if I would have kept it all quiet, none of this ever would have happened. That being said... I would still go back and tell my wife even knowing what I know now.whymeohgodno wrote:Moral of the story: Don't cheat on your wife (especially with psychologically deranged girls).
Yes... we're still married. She forgave me because I was upfront and honest with her from the start. It wasn't like I got caught or was stumbling over lies. It wasn't even 24 hours after I cheated and I already told her. That's not to say that she wasn't angry with me... and frankly she is still very angry with me... and probably will be for quite a long time. In a weird way its made us grow closer since then because I appreciate her so much more. She knew I didn't sexual assault our "friend" and has been supportive of me throughout dealing with all of this.James Bond wrote:wait...she's still your wife? If so you have one forgiving womancareerchange2010 wrote:I absolutely agree with that! It just frustrates me to no end that if I would have kept it all quiet, none of this ever would have happened. That being said... I would still go back and tell my wife even knowing what I know now.whymeohgodno wrote:Moral of the story: Don't cheat on your wife (especially with psychologically deranged girls).
when you say the "examples listed" what list are you refer to? the school specific list or is there a more general one?ggocat wrote:I think you can answer "no" because the term "disciplinary action" is limited by the examples listed, which are disciplinary punishments rather than disciplinary allegations.
Kind of like ejusdem generis.
"e.g. probation, suspension, dismissal" from OP's post.Perch wrote:when you say the "examples listed" what list are you refer to? the school specific list or is there a more general one?ggocat wrote:I think you can answer "no" because the term "disciplinary action" is limited by the examples listed, which are disciplinary punishments rather than disciplinary allegations.
Kind of like ejusdem generis.